DEPARTMENT OF THE NAVY 
BOARD FOR CORRECTION OF NAVAL RECORDS 
701 S. COURTHOUSE ROAD, SUITE 1001 
ARLINGTON, VA 22204-2490 

Docket No. 2511-19 
Ref:  Signature Date 

Dear   ,
 
This is in reference to your application for correction of your deceased spouse’s naval record pursuant to Title 10, United States Code, Section 1552.  After careful and conscientious consideration of relevant portions of     naval record and your application, the Board for Correction of Naval Records (Board) found the evidence submitted was insufficient to establish the existence of probable material error or injustice.  Consequently, your application has been denied. 

A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 21 February 2020.  The names and votes of the members of the panel will be furnished upon request.  Your allegations of error and injustice were reviewed in accordance with administrative regulations and procedures applicable to the proceedings of this Board.  Documentary material considered by the Board consisted of your application, together with all material submitted in support thereof, relevant portions of    naval record and applicable statutes, regulations and policies.
 
You requested to have    record changed to reflect him electing Survivor Benefit Plan (SBP) with you as the beneficiary.  The Board, in its review of his entire record and application, carefully weighed all potentially mitigating factors, to include your assertions.  However, in accordance with Public Law 99-145 of 8 November 1985, the requirement for spouse concurrence on elections to decline or opt for reduced coverage did not become effective until 1 March 1986.  The Board concluded    declined to enroll eligible dependents for SBP at the time of his 29 June 1979 transfer to the Fleet Reserve and the declination was irrevocable.  Additionally, there is no record of    taking advantage of the open enrollment periods subsequent to his retirement to elect SBP; thereby rendering you ineligible for an annuity. 

It is regretted that the circumstances of your case are such that favorable action cannot be taken.  You are entitled to have the Board reconsider its decision upon submission of new matters, which will require you to complete and submit a new DD Form 149.  New matters are those not previously presented to or considered by the Board.  In this regard, it is important to keep in mind that a presumption of regularity attaches to all official records.  Consequently, when applying for a correction of an official naval record, the burden is on the applicant to demonstrate the existence of probable material error or injustice.  

Sincerely,